Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Appellate court has power to refer the issues that may be framed by it, to the trial court for taking additional evidence thereon and in such case, trial court has to proceed to try such issues and return evidence to appellate court together with its findings thereon and the reasons therefor...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame - Nor it called for..........
Civil Procedure Code, 1908, Order 41, Rule 26 -- Objections against findings - Separate appeal does not lie - Only remedy thereagainst is of preferring objections U.O.41.R.26 CPC - Findings received from Trial Court are not final and binding on Appellate Court merely because objections are not filed - Appellate Court is required to examine the findings on their merits and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - To allow additional evidence at appellate stage it is obligatory on Appellate Court to record reasons why it is necessary to allow application - Application cannot be allowed by merely stating that it is in the interest of justice without assigning any reason as to why additional document can be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - In absence of satisfactory reason for non production of evidence in trial Court, additional evidence should not be admitted in appeal as a party guilty of remissness in lower Court, is not entitled to give further evidence...........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Document which goes to root cause of controversy - Can be adduced as additional evidence...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner failed to appear before Appellate Court as learned counsel for petitioner had mistakenly noted wrong date - Held, for the fault of counsel or mere technicalities, the substantive relief should not be declined specifically when the petitioner has taken measures for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed only when evidence sought to be produced could not be produced at the stage of trial inspite of exercise of due diligence and that evidence could not be produced as it was not within his knowledge - In instant case, appellants (public authority) has sought to produce a..........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(5) -- Appeal - Stay application - Rejection of - Validity - Application for interim protection rejected in limine without granting any time to applicant either to deposit decretal amount or to furnish security - Held, had appellate Court fixed sometime limit, either to deposit decretal amount or to furnish security and..........
